UN Human Rights Treaties

e/CN.4/1386

COMMISSION ON HUMAN RIGHTS
Thirty-sixth session    
Agenda item 10    
QUESTION OP THE HUMAN RIGHTS OF ALL PERSONS SUBJECTED TO ANY FORM OF DETENTION OR IMPRISONMENT
Note dated 6 February 1980 from the Permanent Mission of the
Republic of Cuba to the United Nations Office at Geneva
addressed to the Division of Human Rights
The, Permanent Mission of the Republic of Cuba to the international-organization's based in Switzerland presents its compliments to the Division of Human Rights and has the honour to append the final report of the First International Symposium on ' Penal Systems held in Havana, Cuba, from 19 to 24 November 1979.
The Permanent Mission of Cuba requests the Division of Human Rights to have this report distributed as an official document of the thirty-sixth session of the Commission on Human Rights under item 10 of the Commission's agenda: "Question of the human rights of all persons subjected to any form of detention or imprisonment".
 
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FIRST INTERNATIONAL SYMPOSIUM ON PENAL SYSTEMS
DRAFT FINAL REPORT
A.    INTRODUCTION
1.    The Preparatory Committee for the First International Symposium on Penal Systems organized the Symposium in Havana with the aim of fostering an exchange of experiences among the bodies concerned with this question in the countries invited to send representatives.
2.    The Symposium was held in Havana, Cuba, from 19 to 24 November 1979.
B.    PARTICIPANTS
3.    Representatives of the following countries took part in the Symposiums Algeria, Angola, Bulgaria, Cape Verde, Costa Rica, Cuba, Czechoslovakia, German Democratic Republic, Grenada, Guinea-Bissau, Hungary, Jamaica, Mexico, Mongolia, Mozambique, Nicaragua, Poland, Union of' Soviet Socialist Republics, Viet Nam and People's Democratic Republic of Yemen. The Latin American Institute for the Prevention of Crime and the Treatment of Offenders was also represented. A number of guests also attended in a personal capacity.
4.    A list of persons who attended the Symposium is appended.
C.    OPENING OF THE SYMPOSIUM AND ELECTION OF THE OFFICERS
5.    The Symposium was opened by Mr. Antonio Perez Herrero, member of the Secretariat of the Central Committee of the Communist Party of Cuba.
6.    The representatives of Algeria, the German Democratic Republic, Nicaragua and Viet Nam expressed best wishes for the success of the Symposium on behalf of the different geographical regions.
7.    Mr. Enio Leyva Fuentes, Deputy Minister of the Interior of the Republic of Cuba, was unanimously elected Chairman of the Symposium.
8.    Mr. Merad Benaouda, head of the Algerian delegation, was elected Vice-Chainaan for Africa, Mr. Todor Dimitrov Ganchovski, head of the Bulgarian delegation, was elected Vice-Chairman for Europe, and Mr. Le Huu Qua, head of the Vietnamese delegation, was elected Vice-Chairman for Asia. All were elected by acclamation.
D.    PROGRAMME
9.    The Symposium programmer included the following topics
Main topicsInstitutional treatment of prisoners and their reincorporation in society;
First subtopics Political, scientific and technical training of prison officials;
Second subtopics Organization and operation of scientific and technical institutions responsible for criminological research and the classification of prisoners.
 
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E.    DOCUMENTATION    
10. Thirty position papers, prepared by the participating delegation and reproduced and distributed by the Preparatory Committee, were presented during the Symposium.
F.    EXPRESSION OP THAITKS TO THE ORGANIZING COMMITTEE'
11.    The participants expressed thanks to the Preparatory Committee for the hospitality extended to them and the facilities provided in order to make the Symposium a success.
G.     SUMMARY OF PROCEED HTGS    
12.    The participants agreed that penal treatment should be based on respect for human dignity and .oriented towards the social reeducation and rehabilitation of prisoners.  It should, therefore, be implemented without any torture or cruel, inhuman or degrading treatment or punishment, as proclaimed in article 5 of "the Universal Declaration of Human Rights. They denounced the. existence of penal systems based on terror, cruelty and inhumanity such as are to be found in. colonialist, neo-colonialist and fascist regimes and regimes which practise racism and racial discrimination.
13.    Several participating delegations described in detail their countries' achievements in penal treatment, pointing" out that they had gone-beyond the requirements' embodied in the Standard Minimum Rules for the Treatment of Prisoners adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders held in Geneva in 1955 -
14.    Some delegations, stated that the economic difficulties inherent in the underdevelopment from which their countries were suffering, as a. consequence of the colonialism, neo-colonialism, racism and racial 'discrimination to which they had been subjected, had so far thwarted their efforts to go beyond the. Standard Minimum Rules.
15.    Several delegations emphasized the value of the extensive participation in their countries of the community and social and mass organizations in the treatment of prisoners in assisting and supervising prison activities and contributing, through their work with released prisoners, to their, more rapid and complete reincorporation in society.
16.    The representatives pointed out that proper prison treatment required a solid, harmonious legal basis which would make it possible to attain the very humane objectives of the rehabilitation and reincorporation, in society of persons who had broken the law and would encourage the participation of the various elements in society that should take an active part in the struggle against crime.  They also considered it desirable that prison treatment should be based on effective education which would help prisoners to avoid the repetition of antisocial conduct. To that end prisoners should be incorporated in socially useful work and be given cultural and technical training and the possibility
to practise sports and cultural and recreational activities within the context of an appropriate programmer of incentives adapted to their behaviour during internment.  It was also recommended that prison accommodation should be of
 
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an appropriate standard and should permit the segregation of prisoners according to the classification system applied to them, together with an adequate level of security.  It would be desirable for those prisoners who showed a constructive attitude in the course of prison treatment and who were seen to constitute less of a danger to society than formerly to be transferred to open centres where they could continue their rehabilitation process. The maintenance of relations between prisoners and their families and the rest of society was also deemed an important aspect of successful prison treatment.
17. The participants agreed on the need for scientific and technical training of prison personnel. They also placed great stress on the need to establish scientific and technical institutions to carry out studies, undertake criminological evaluations of prisoners and make suggestions and recommendations for treating them.
13. Using Symposium materials as a basis, the delegates considered that the prospects for improving penal systems were related to;
Subsequent improvement of legislation concerning the execution' of sentences,'' with respect to both the organization of sentences and the actual serving of sentences (guaranteeing the most rational combination of basic correctional and reeducational methods, taking into consideration both the prisoner's personality and the seriousness of the crime, etc.);    
Advanced political, technical and vocational training of cadres;
Broader application of such sciences as sociology,' psychology and education in the correction and rehabilitation of prisoners;
More extensive participation of social and mass organizations in the work of rehabilitating prisoners;
Subsequent development of scientific research on problems relating to the correction and rehabilitation of prisoners.
19ï It was also agreed that after-care should be considered as a continuation of the rehabilitation work done in prisons.
20.    Lastly, the participants expressed the view that periodic expert meetings to promote an exchange of experiences and co-operation in prison matters could contribute to the development and higher quality of work in this field.
21.    Mr. Jorge Montero, Director of the latin American Institute for the Prevention of Crime and the Treatment of Offenders also made a statement on, the topic covered by the Symposium.
 
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22.    During the Symposium, special addresses were made by a number of Cuban authorities, including Mr. Sergio del Valle Jimenez, Minister of the Interior, Mr. Armando Torres Santrayll, Minister of Justice, Mr. Francisco Varona
Duque de Estrada, Vice-President of the People's Supreme Court, and Mr. Santiago Cuba Fernandez, Attorney-General of the Republic.
23.    During the Symposium audiovisual-materials-concerning' a number of aspects of the penal systems of Cuba, Mexico and Viet Ham were projected.
24.    Mr. Bias Roca Calderio, President of the National Assembly of People's Power of the Republic of Cuba, made the closing statement at the Symposium.
 
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FIRST INTERNATIONAL SYMPOSIUM ON PENAL SYSTEMS Official list of .participants and foreign guests
Angola
Mr. ANIBAL AUGUSTO ESPIRITO SANTO
National Director of Planning and Assistance, Ministry of the Interior
(Head of delegation)
Mr. ANTONIO DOS SANTOS AGUIAR
Chief, National Department of Prison Services, Ministry of the Interior
Mr. LOPO FORTUNATO PEREIRA LOUREIRO
Director of Prison Establishments, Ministry of the Interior
Mr. ALBERTO ROSA DOS RAMOS
Section Chief, National Department of Prison Services, Ministry of the Interior
Mr. ANTONIO BILOIO DOS SANTOS NETO
Section Chief, Department of Planning and Assistance, Ministry of the Interior
Algeria
Mr. MERAD BENAOUADA
Inspector-General of the Ministry of Justice
(Head of delegation)
Mr. ABDICHE SAID
Chief Commissioner of Police
Chief, Executive Office of the Director-General of National Security
Bulgaria
Mr. TODOR DLMITROV GANCHOVSKI
Major-General, Chief of Prisons, Ministry of the Interior
(Head of delegation)
Professor KDSTADIN NIKOLOV LIUTOV
Secretary of the Legislative Council of the Council of State and Director of the Institute of Jurisprudence of the Bulgarian Academy of Science
Mr. ZDRAVEO DIMITROV TRAIKOV
Vice President of the Scientific Methodological Council for Prison Questions of the Ministry of the Interior
Mr. STEFAN CHELIEV
First Secretary of the Embassy of Bulgaria in Cuba
 
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Cape Verde
Mr. ISILDO SILVA Inspector of Police (Head of delegation)
Mr. AMILCAR SPENCER LOPES
Public Prosecutor for the First-Class Region of San Vicente'
Costa Rica
Mr. CARLOS ARGUEDAS LE FRANC Deputy Minister of the Interior (Head of delegation)
Mr. GERARDO VILLALOBOS DURAN
Director-General of Social Adaptation and Prevention of Crime, Ministry of Justice
Mr. VICTOR M. VARGAS MENESES Judge, Supreme Court of Justice
Mr. ENRIQUE CASTILLO BARRANTES Adviser, Ministry of Justice
Mr. JOSE SANCHO BENITO Adviser, Ministry of Justice
Cuba      
Mr. ENIO LEYVA POENTES
Brigadier-General, Deputy Minister of the Interior
(Head of delegation)            
Mr. MEDARDO LEMUS OTANO
Colonel, Chief, Department of Prison Establishments, Ministry of the Interior
Mr. EDERMO CASTILLO RUIZ
Colonel, Deputy Chief, Political Department, Ministry of the Interior
Mr. FRANCISCO RODRIGUEZ MARCHANTE
Lieutenant-Colonel, Deputy Chief, Department of Prison Establishments,
Ministry of the Interior    
Mr. RAFAEL GUZMAN OLVERA
Captain, Deputy Chief, Department of Prison Establishments, Ministry of the
Interior    
Mr. MATIAS DORTA ABREU
Lieutenant-Colonel, Chief, Legal Office, Ministry of the Interior        
Mrs. DULCE SALAS PRATS
Major, Legal Officer, Ministry of the Interior
Mr. SILVIO MEDINA MENENDEZ
Director of Training, Ministry of Justice
 
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Czechoslovakia
Mr. GASPAR KDEEK
Deputy Minister of Justice
(Head of delegation)
Mr. MILOS STARY Prison official
Guinea Bissau
Mr. FERNANDO HONORIO GOMEZ
Deputy Chief, Department of Criminal Investigation
(Head of delegation)
Grenada
Mr. PATRICK MACLEISH
Chief Superintendent of Prisons
(Head of delegation)
Hungary
Mr. TIBOR NAGY
Brigadier-General, Chief, National Office for the Execution of Sentences
(Head of delegation)
Mr. VINCE TAMAS
Lieutenant-Colonel, Chief, Department of Education, National Office for the Execution of Sentences
Mr. DENES BAGI
Deputy Chief, Principal Department, Ministry of Justice
Mr. ANDOR PAL
Consul, Embassy of Hungary in Cuba
Mrs. ZSUZSANA POGANY Translator
Jamaica
Mr. EGBERT LEO GUNTHER, M.A., B.Sc.
Diploma in Public Administration, Permanent Secretary, Ministry of Justice
(Head of delegation)
Mr. DUDLEY ALLEN
Chief, Department of Correctional Services
Mexico
Mr. CESAR LECHUGA ROJAS
Director, Department of Crime Prevention and Social Rehabilitation,
Government of Mexico (Head of delegation)
Mr. MARCIAL PLORES REYES
Deputy Director, Crime Prevention, Government of Mexico
 
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Mongolia
Mr. DAMBUIN AMGALAR
Chief, Political Department, National Directorate of Prisons
    (Head of delegation)
Mr. TSEDENGUIN SUJE-BATOR
Mozambique
Mr. JOSE CASTIANO DE ZUMBIRE
National Director, Rehabilitation Services
(Head of delegation)
Mr. EDMUNDO CARLOS ALBERTO
Inspector, Criminal Investigation Police
Mrs. LUCIA FERNANDA MAXIMIANO
Magistrate, Public Prosecutor's Department
Nicaragua
Mr. FRANCISCO DE ASIS FERNANDEZ Director, National Prison System (Head of delegation)
Mrs. GLORIA RUIZ
Senior Officer, Department of Political Education and Recreational Activities
"Mr. CARLOS ULLOA Senior Officer, Department of Construction and Remodelling
Mr. MANUEL GUTIERREZ HURTADO Legal adviser
Mr. GILBERTO LACAYO BERMUDEZ
Engineer, Department of Construction and Remodelling
Poland
Mr. CZESLAW DOMINOWSKI
First Secretary of the Party, Ministry of Justice, member of the Directorate,
Ministry of Justice (Head of delegation)
Mr. JULIUSZ PETRYKOWSKI
Colonel, Deputy Director of the Central Prisons Organization
Professor PIOTR WIERBICH
Deputy Director, Institute of Legal and Court Research, Ministry of Justice,
Mr. JAN RODAK
    Member, Embassy of Poland in Cuba
 
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PAGE 10
German Democratic Republic
Mr. HANS TUNNAT
Diploma in Social Science,Ministry of the Interior, Chief, Prisons-Department
(Head of delegation)
Mr. DIETER WINDERLICHE
Diploma in law, Section Chief, Prisons Department, Ministry of Justice
Mr. RUDOLF KOBLISCHKE, LL.D. Section Chief, Ministry of Justice
Mr. STEFAN DORNIER
Member, Embassy of GDR in Cuba
Mr. JOHANSEN MUNZEL
Member, Embassy of GDR in Cuba
Miss MARION GEKBER Translator
Union of Soviet Socialist Republics
Mr. STANISLAV BORODIN
Major-General, Professor of Jurisprudence, Director, Higher Academy. Ministry
of the Interior, USSR (Head of delegation)
Mr. NIKOLAI STRUCHKOV
Professor of Jurisprudence, Deputy Director, Scientific Research Institute Ministry of the Interior, USSR
Mr. GADZHI SHALDAEV    .
Major-Genercl, Candidate for degree of Doctor of Jurisprudence,
Director, National Institute for the Training of Senior Prison Officials,
Ministry of the Interior, USSR    
Mr. PEDRO VASILIEV Adviser
Mr. NIKOLAI JARKDV Adviser    '
Mr. YURI RUDNIEV Adviser
Viet Nam
Mr.LE HUU QUA Major-General', Director-of. Prisons (Head of delegation)
Mr. NGUYEN DUY XI
Colonel, Deputy Director of Prisons
Mr. NGUYEN DUC TEASE First Lieutenant, Official
 
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Democratic Yemen
Mr. MOHAMED HUSSAN DAHROOG
Captain, Chief, Department of Investigation, Ministry of State Security
    (Head of delegation)
Mr. SAEED FARIA TABU         Captain, Chief, Department of Prisons, Ministry of the Interior
Foreign guests
Mr. JORGE A. MOHTERO
Director, Latin American Institute for the Prevention of Crime and the Treatment of Offenders
Mr. MAROLD A. MAYERSON Lawyer
Mr. IRA M. LOWE Lawyer
Mrs. ROSA DEL OLMO
Sociologist, Professor of Criminology, Central University of Venezuela
Officers of the Symposium
Chairman
Mr. EKIO LEYVA FUENTES
Brigadier-General, Deputy Minister of the Interior, Republic of Cuba
Vice-Chairman
Mr. MERAD BENAOUADA
Inspector-General, Ministry of Justice, People's Democratic Republic of Algeria
Vice-Chairman
Mr. TODOR DLMITROV GMCHOVSKE
Major-General, Chief of Prisons, Ministry of the Interior, People's Republic of Bulgaria
Vice-Chairman
Mr. LE HUU QUAT
Major-General, Director of Prisons, Socialist Republic of Viet Nam
Secretary
Mr. JULIO HEREDIA PEREZ
Member of the Preparatory Committee